Employment FAQs

Yes. Probation is just a contractual arrangement at the start of a new job; either side can end it by giving the contractual notice (often one week, sometimes longer). You don't need permission to resign during probation, and you don't need to explain yourself. Hand in your notice in the normal way and serve out whatever your contract specifies.

No. Resignation is a unilateral act in UK employment law. Once you've given valid notice in the right form, your employment will end at the end of that notice period whether the employer accepts it or not. There's no acceptance step. The only thing an employer can change is what happens during the notice period itself, not whether it ends.

Yes. You can take holiday during your notice period, subject to the same approval rules that apply at any other time. Many employers actively encourage (or require) you to use accrued holiday during the notice period rather than be paid out for it at the end. Whether you can take a specific week off is still a matter of your manager's sign-off, not an automatic right.

Yes. Calling in sick during your notice period works exactly the same as any other time. You're entitled to statutory sick pay (or contractual sick pay if your scheme is more generous), the absence counts toward your notice as normal, and your final working day doesn't move. Employers are usually more sensitive to sickness during notice for obvious reasons, but the rules don't change.

No, generally not. Garden leave keeps you legally employed by your current employer, so all the standard contractual obligations still apply: no working for competitors, no consulting in the same field, no contacting clients, often no work for any second employer at all if your contract has an exclusivity clause. Completely unrelated paid work (driving, hospitality, family-business help) is usually fine but check first.

It depends on your contract. Most modern mid-senior UK employment contracts have an explicit garden leave clause that lets the employer put you on garden leave at any point during your notice. If yours has that clause, your employer can invoke it unilaterally and you don't have to agree. If your contract is silent on garden leave, the employer can request it but can't insist.

Yes. Redundancy isn't tied to length of service in the way unfair dismissal is. Your employer can make you redundant at any point, including during probation. The practical differences are that you'll receive whatever contractual notice your probation clause specifies (often one week) and you'll almost certainly not be eligible for statutory redundancy pay, which requires two years of continuous service.

Sometimes. There are three legitimate routes: agree a shorter notice period with your employer (the most common solution), accept payment in lieu of notice if they offer it, or walk out and breach the contract (rare, risky, but occasionally the right move). Each route has different consequences for pay, references, and the relationship. The easiest is almost always to ask.

Yes. The notice period in your contract is binding on both sides. You committed to giving the employer that much warning before leaving; they're entitled to it. They can require you to work the full notice unless they offer PILON or garden leave, or unless you negotiate something shorter. Refusing to work the notice is a breach of contract, even if practical consequences are usually modest.

No, not while you're still employed. Your existing contract continues until the last day of your notice period (whether you're working it, on garden leave, or off sick). Starting a new role before then breaches your current contract and almost certainly breaches the new one too. The simple rule: one employer at a time. If you want to start sooner, negotiate a release first.

It depends on your contract and your length of service. Typical figures: one week during probation, one month for most office roles, three months for senior or specialist positions, and six months or more for executives. There's also a statutory minimum: one week after a month of service, scaling up to twelve weeks (employer to employee) at twelve years of service.

As long as your contractual notice period. Garden leave can only run during a notice period, so the maximum is whatever your notice clause specifies (commonly one to three months for most office roles, six months or more for senior roles, occasionally twelve months for the most senior executive contracts). Garden leave can also be shorter than the notice period if the employer brings you back or releases you early.

Your final pay arrives on the next normal payday after your last working day. Salary up to the leaving date, unused holiday pay, any PILON, and any redundancy figure are usually paid together in that final packet. Most UK employers pay monthly on a fixed day, so the wait can be up to a month depending on when in the cycle you leave.

Whatever your contract specifies for the probationary period. The most common figure is one week, sometimes two; senior probation contracts occasionally specify the same notice as post-probation. The statutory minimum from the employee's side is one week once you've been employed at least one month, and nothing before that. The contractual figure applies (and can't go below the statutory floor).

Technically you're in breach of contract. In practice, three things commonly happen: the employer doesn't pay you for any unworked days, the reference may become neutral or negative, and there may be a note on file. Damages claims against individual ex-employees are very rare because they're rarely cost-effective. Walking is uncommon but legally manageable; it's the relationship cost that's harder.

Payment in lieu of notice (PILON) is a lump sum your employer pays you instead of requiring you to work through your notice period. Employment ends immediately on the date PILON is paid. The lump sum is the value of your salary and contractual benefits for the unworked notice. Since the 2018 reforms, PILON is fully taxable as earnings under PAYE plus National Insurance.

Garden leave is when your employer tells you to stay at home during your notice period while continuing to pay your full salary. You remain legally employed throughout, your benefits keep running, and every contractual obligation (confidentiality, non-compete, non-solicit) stays in force. Your employment ends on the same date it would have if you'd worked the notice in the office.

Statutory notice is the legal minimum notice period set by section 86 of the Employment Rights Act 1996. From the employer to you, it scales with your service: one week between one month and two years, then one week per complete year up to a cap of twelve weeks. From you to the employer, the statutory minimum is one week (after one month of service), regardless of length of service.

Contractual notice is the notice period set out in your employment contract. It almost always exceeds the statutory minimum for any role above the most junior level. The figure varies by seniority and sector: one month is common for office roles, three months for senior positions, and six months or more for executives. The contractual figure binds both sides as long as it's at least the statutory floor.

Statutory holiday entitlement that you've accrued but not taken must be paid out as cash on termination. It's not optional for the employer. Contractual holiday above the statutory minimum (some contracts give 25 or 28 days plus bank holidays) can sometimes be lost if the contract says so and you haven't taken it. The final pay packet should include the accrued holiday figure as a separate line.

Yes. UK PILON (Payment in Lieu of Notice) is fully taxable as earnings. Since 6 April 2018, HMRC applies the Post-Employment Notice Pay (PENP) formula in section 402D ITEPA 2003 to every termination payment. Income tax and employee National Insurance are deducted through PAYE. The £30,000 tax-free termination allowance in section 403 does NOT apply to PILON.

PENP is calculated using HMRC's formula in section 402D ITEPA 2003 and EIM13880: ((BP × D) ÷ P) − T. BP is basic pay in the last pay period ending before the trigger date. D is calendar days in the post-employment notice period. P is calendar days in the last pay period. T is amounts already chargeable to income tax outside Chapter 3 Part 6 (usually contractual PILON already paid as earnings). If the result is negative, PENP is nil. If it exceeds the total relevant termination awards, PENP is capped at that total.